CHAPTER 509

AN ACT TO AMEND TITLE 11, DELAWARE CODE, CHAPTER 41, SECTION 4106, RELATING TO PERSONS WHO ARE SENTENCED TO IMPRISONMENT AND FINE AND PERSONS WHO HAVE DEFAULTED ON PAYMENTS OF FINE.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 11, Delaware Code, Chapter 41, Section 4106, is amended by adding new subsections (d) and (e) thereto to read as follows:

(d) Notwithstanding the provisions of subsection (a) of this section, where a defendant sentenced to be imprisoned is ordered to pay a fine and/or costs as well, the court may order an additional sentence of imprisonment in lieu of requiring the payment of the said fine and/or costs; provided, however, that such additional sentence of imprisonment may not exceed thirty (30) days and may be ordered to be served concurrently or consecutively with the sentence originally imposed.

(e) A court having probationary powers may, in its discretion, treat any failure to comply with a court order in respect to fines and/or costs either as a civil contempt or as if the defendant had been placed on probation and the probation violated; provided, however, that any sentence for violation of probation may not exceed thirty (30) days.

Approved June 5, 1970.